Journal, June 1771: Volume 78

Journal, June 1771

Thursday, June 6th. Present:—Mr. Jenyns, Mr. Roberts, Mr. Eliot, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

fo. 145.

Leeward Islands, St. Christopher's.

His lordship communicated to the Board, by his Majesty's command, for their lordships' consideration and representation to his Majesty thereupon, a letter from the late Governor of the Leeward Islands, relative to the Assembly of Saint Christopher's having come to a resolution, that no member of the Council had a right, as a freeholder, to vote in the election of members of the said Assembly.

fo. 146.

Their lordships took the said letter into consideration, together with the Journals of the Council and Assembly at the time this question was agitated, as also the election law passed in the year 1727, and a representation to his Majesty thereupon, having been prepared, was approved and signed, and Lord Hillsborough was desired to lay it before his Majesty.

Plantations General.

Read a report of Richard Jackson, Esquire, on the question stated to him relative to the property to white pine trees growing on such lands on Kennebeck river, claimed under grants from the Council of Plymouth, as are not yet laid out into Townships.

fo. 147.

Read an order of the Lords of the Committee of Council for Plantation Affairs, dated May 23rd, 1771, referring to this Board an extract of a letter from General Gage to the Earl of Hillsborough of the 6th of October, 1770, relative to some proceedings of certain persons stiling themselves a mining company at Lake Superior, and a report made by this Board on 17th of July, 1769, on the application of Mr. Bostwick and others for a grant of mines on the said lake, that they may reconsider the same, and enquire into the matter set forth in the said extract, and report their opinion thereupon.

Ordered, that the said order of reference be taken into consideration on Wednesday next, and that the gentleman interested in the application for a grant of mines on Lake Superior, be desired to attend the Board on that day.

fo. 148.

West Florida.

Their lordships took into consideration four laws passed in the province of West Florida in 1767 and 1768, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that two of the said laws may be disallowed, viz:—
An Act for the order and government of Slaves.
An Act to erect Mobile into a County, and to establish a Court of common pleas therein.

Their lordships at the same time read, approved and signed a letter to the Governor on the subject of the said laws.

fo. 149.

Bahamas.

Their lordships read and considered eleven laws passed in the Bahama Islands in 1768 and 1769, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared, proposing that two of the said laws may be disallowed, viz:—
An Act to prevent vexatious, tedious and troublesome law suits for trivial and small debts, and directing how the same shall be recovered, and for suspending an Act passed there in the sixth year of his present Majesty's reign, for continuing an Act intituled "An Act to prevent vexatious tedious and troublesome law suits for trivial and small debts, and directing how the same shall be recovered."
fo. 150.
An Act for erecting a special Court, and better establishing and regulating the other Courts of Judicature within these Islands.

Their lordships at the same time read, approved and signed, a letter to the Governor on the subject of the said laws.

Leeward Islands.

The Secretary laid before the Board draughts of general instructions and of those relating to the observance of the laws of trade, prepared for the Governor of the Leeward Islands, and the said draughts were read and approved, and a representation to his Majesty thereupon was signed.

fo. 151.

New York.

The draught of a report to the Lords of the Committee of Council, on the petition of the reduced officers and soldiers, relative to the lands, for which they have obtained warrant of survey on the west side of Connecticut river, having been transcribed pursuant to order, was signed.

Wednesday, June 12th. Present:—Mr. Jenyns, Mr. Roberts, Mr. Eliot, Mr. Fitzherbert, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

fo. 152.

Plantations General.

fo. 153.

The gentlemen interested in the application for a grant of mines on Lake Superior attended, and are examined as to the facts stated in General Gage's letter to Lord Hillsborough, of their agent having seized the important pass of St. Mary and built a stockaded fort there, whereupon they allege and adduce letters from their agent to shew, that, what is stated to be a fort, is no more than a picketted fence, inclosing about a quarter of an acre of ground, in order to secure their servants and provisions from sudden insults and robberies of drunken Indians, and they further allege, that they have not attempted, nor do intend to attempt the engaging in any trade.

The gentlemen being withdrawn, it was ordered, that this business should be further considered tomorrow morning, when the gentlemen were desired to attend again, and the Secretary was directed to write to General Carleton, Governor of Quebec, desiring his attendance on this occasion.

Virginia.

Their lordships read and considered thirty two Acts passed in the colony of Virginia in 1770, together with Mr. Jackson's report thereupon.

fo. 154.

Ordered, that the draught of a representation to his Majesty be prepared, proposing the disallowance of one of the said laws, viz:—
An Act appointing Commissioners to meet with Commissioners who are or may be appointed by the legislatures of the neighbouring colonies to form and agree upon a general plan for the regulation of the Indian trade.

Ordered, that the Act for regulating the election of Burgesses, etc., passed with a clause suspending its execution untill his Majesty's pleasure be known, do lye by, untill the agent for the colony shall make application thereupon.

fo. 155.

Ordered, that the Act to explain certain doubts touching the jurisdiction of the Court of Hustings for the City of Williamsburg, be taken into consideration on Friday, and that notice thereof be given to the merchants trading to Virginia, and also to the agent for the colony.

Read a letter from William Nelson, Esquire, Commander in Chief of the colony of Virginia, to the Board, dated March 27th, 1771, in answer to their lordships' letter of the 14th of November last to Lord Botetourt, relative to an Act passed there in June, 1770, for dividing the parish of Hamilton.

fo. 156.

Virginia.

Ordered, that the draught of a letter to the Governor of Virginia be prepared, recommending that, in any further Acts to be passed for the sale of glebe lands, provision be made for the application of the money arising from such sale according to the meaning and intent of such laws.

Barbados.

Proprieties, Maryland.

Their lordships read and considered five Acts passed in the Island of Barbados in 1769 and 1770, together with Mr. Jackson's report thereupon; as also nineteen Acts passed in the province of Maryland in 1769, together with Mr. Jackson's report thereupon.

fo. 157.

Bahamas.

The draught of a representation to his Majesty, proposing the disallowance of two Acts passed in the Bahama Islands in 1768 and 1769, having been prepared pursuant to order, was approved, transcribed and signed.

Thursday, June 13th. Present:—Mr. Jenyns, Mr. Roberts, Mr. Fitzherbert.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Plantations General.

fo. 158.

Governor Carleton attending on the subject of the reference from the Lords of the Committee of Council of General Gage's letter to Lord Hillsborough, respecting the proceedings of the agent to the gentlemen interested in an application for a grant of mines on Lake Superior.

After some discourse with Governor Carleton thereupon, it was ordered, that the draught of a report to the Lords of the Committee of Council upon this business should be prepared.

Trade, Africa.

fo. 159.

Read a letter to Mr. Pownall, from the Secretary to the Committee of the Company of Merchants trading to Africa, requesting the Board's directions what instructions they should give to their officers on the coast of Africa, respecting the dispute with the officers of the Dutch West India Company touching the liberty of Portuguese vessels trading at the British forts.

Bermuda.

Grenada.

Jamaica.

Their lordships read and considered six Acts passed in the Island of Bermuda in the years 1769 and 1770; six Acts passed in Grenada in the year 1770; and sixteen Acts passed in the Island of Jamaica in the years 1769 and 1770, together with Mr. Jackson's reports thereupon.

fo. 160.

Ordered, that the Secretary do give notice to the agent for Jamaica, to attend tomorrow, on the subject of the Jamaica laws abovementioned.

Virginia.

The draught of a representation to his Majesty, proposing the disallowance of an Act passed in Virginia in 1770, "for appointing Commissioners to meet with Commissioners who are or may be appointed by the legislatures of the neighbouring colonies to form and agree upon a general plan for the regulation of the Indian trade," having been prepared pursuant to order, was approved and signed.

fo. 161.

Friday, June 14th. Present:—Mr. Jenyns, Mr. Roberts, Mr. Eliot, Mr. Fitzherbert.

Virginia.

fo. 162.

Their lordships took into further consideration an Act passed in Virginia in June, 1770, intituled, "An Act to explain certain doubts touching the jurisdiction of the Court of Hustings of the City of Williamsburg," and several of the merchants trading to Virginia attended and stated to their lordships the reasons which induced them to solicit that the said Act may be disallowed, upon consideration of which, it was ordered, that the draught of a representation to his Majesty, proposing the disallowance of the said Act, should be prepared.

Jamaica.

fo. 163.

Mr. Fuller, agent for Jamaica, attends on the subject of the laws of that Island, mentioned in the preceding minutes, and their lordships stated to him that, as they still were of opinion that the imposing any duties or taxes by laws of Jamaica, that affect the commerce of Great Britain in general, is both inexpedient and improper, they were concerned to find that laws, laying duties on negroes and taxing supercargoes, were still continued, and therefore desired he would acquaint his constituents therewith, and that their lordships recommend to them to fall upon some other less exceptionable mode of raising the annual supplies.

Virginia.

West Florida.

The draught of a letter to the President of the Council of Virginia, respecting the laws for disposing of glebe lands, having been prepared pursuant to order, was approved and signed; as was also a representation to his Majesty, proposing the disallowance of two laws of the colony of West Florida, mentioned in the minutes of the 6th instant.

fo. 164.

Dominica.

fo. 165.

Their lordships read and considered a private Act passed in the Island of Dominica in February, 1771, intituled, "an Act to impower Dale Ingram, Peter Fearson, and Richard Seecombe, all of the City of London, the executors and trustees under the will of Henry Williams, late of this Island, merchant, deceased, to sell and dispose of certain lands and tenements, being the real estate of the said Henry Williams, for and towards the payment of his debts, and to place the moneys arising by such sale, or the residue thereof, out at interest in the public funds of Great Britain for the benefit of Mary Williams, an infant, the only child and heir at law of the said Henry Williams," together with Mr. Jackson's report thereupon, and a representation to his Majesty, proposing the confirmation of the said act, was approved and signed.

Grenada, St. Vincent's.

The Secretary, at the request of the parties interested, moved their lordships for their approbation of the assignment of a lease of lands in the Island of St. Vincent, granted by the Commissioners for sale of lands to Antoine Discord, and devolved unto Piere Le Fon and Jan Joseph Bonnamy in right of their wives, to Henry Sharpe of the said Island, and it appearing, that the Governor had certified his consent to such assignment, the Secretary was ordered to certify their lordships' approbation thereof.

fo. 166.

Wednesday, June 19th. Present:—Mr. Eliot, Mr. Roberts, Mr. Fitzherbert.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Plantations General.

Their lordships read and considered the draught of a report to the Lords of the Committee of Council upon the papers by them referred, relative to the application of Henry Bostwick and others for a grant of mines on Lake Superior.

Virginia.

The draught of a representation to his Majesty, proposing the disallowance of an Act passed in Virginia in June, 1770, "to explain certain doubts touching the jurisdiction of the Court of Hustings for the City of Williamsburgh," having been prepared pursuant to order, was approved, transcribed and signed.

Trade, Africa.

fo. 167.

Read a letter from the Earl of Suffolk, one of his Majesty's principal Secretaries of State, to this Board, dated June 14th, 1771, transmitting two papers relative to the misunderstanding between the subjects of Great Britain and of the States General on the coast of Africa, and signifying the King's pleasure, that his lordship should be immediately furnished with authentick copies of the conventions mentioned in the report of this Board of the 11th of April, 1770, in order to their being transmitted to Sir Joseph Yorke.
Copy of a letter from Sir Joseph Yorke to the Earl of Halifax, dated Hague, June 7th, 1771.
Minute of the orders to be sent by the directors of the Dutch West Indian Company to the Director General and Council at St. George del Mina upon the coast of Africa.

fo. 168.

Ordered, that copies be immediately made of the conventions referred to in Lord Suffolk's letter, and a letter to his lordship, for inclosing the said copies, was signed.

The Secretary was ordered to communicate to the Committee of the Company of Merchants trading to Africa, for their information and consideration, the minute of the orders to be sent by the Directors of the Dutch West India Company to their officers upon the coast of Africa, and to signify to the said Committee, that their lordships desire their attendance at the Board on Friday next.

Quebec.

fo. 169.

Read an order of the King in Council, dated June 7th, 1771, directing that this Board do prepare and lay before his Majesty, a draught of an additional instruction to the Governor of Quebec, revoking those articles of the royal instructions to the said Governor, which relate to the granting of lands in that province; and authorizing the said Governor to grant, with the advice of the Council, the lands remaining subject to his Majesty's disposal, upon the terms proposed in a report of this Board, dated the 24th of April.

The draught of an additional instruction, conformable to the said order, having been prepared, was approved, and a representation to his Majesty thereupon was signed.

Jamaica.

fo. 170.

Their lordships took into consideration a private Act passed in the Island of Jamaica in December, 1770, "relative to the estate of George Ricketts," together with Mr. Jackson's report thereupon, and some objections occurring to the provisions of the said Act, it was ordered, that it should lye by for further consideration at another opportunity.

North Carolina.

Read an order of his Majesty in Council, on the 14th instant, referring to this Board, for their consideration and report to the Lords of the Committee of Council thereupon, a petition of sundry persons, inhabitants of the Isle of Skye, setting forth their having taken a resolution to embark with their families in order to settle in North Carolina, and therefore praying a grant of forty thousand acres of land.

Ordered, that the said petition be taken into consideration tomorrow morning.

fo. 171.

New Jersey.

South Carolina.

Their lordships read and considered eleven Acts passed in the colony of New Jersey, in October, 1770, together with Mr. Jackson's report thereupon; also eighteen Acts passed in South Carolina in the years 1770 and 1771, with Mr. Jackson's report thereupon, and it was agreed to take the said Acts into further consideration tomorrow morning.

Thursday, June 20. Present:—Mr. Eliot, Mr. Roberts, Mr. Fitzherbert.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

fo. 172.

Plantations General.

The draught of a report to the Lords of the Committee of Council upon the application of Henry Bostwick and others for a grant of mines on Lake Superior, was further considered, approved and ordered to be transcribed.

North Carolina.

Their lordships took into further consideration the order of reference of the petition of sundry persons, inhabitants of the Island of Skye, praying for a grant of forty thousand acres of land in North Carolina, and it was ordered, that the draught of a report thereupon should be prepared.

New Jersey.

fo. 173.

The laws of New Jersey, together with Mr. Jackson's report thereupon, mentioned in the preceding minutes, were further considered, and it was ordered, that the draught of a representation to his Majesty should be prepared for the disallowance of two of the said laws, intituled, "a supplementary Act to an Act, intituled, an Act for the better enabling creditors to recover their just debts from persons who abscond themselves"; an Act to enable persons, who are his Majesty's liege subjects, either by birth or naturalization, to inherit and hold real estates, notwithstanding the purchase grant or devise were made before naturalization within this colony."

Ordered, that the draught of a letter to the Governor of New Jersey on the subject of several other of the said laws be prepared.

South Carolina.

fo. 174.

Their lordships also took into consideration the South Carolina laws, mentioned in the preceding minutes, together with Mr. Jackson's report thereupon, and it was ordered, that the draught of a representation to his Majesty should be prepared for the disallowance of two of the said laws, intituled,
An Act for stamping and issuing the sum of seventy thousand pounds for defraying the expence of building the several Court houses and goals appointed to be built in the several districts in this province, and for other purposes therein mentioned.
An Act to encourage the making of flax, linen and thread in this province.

Tobago.

Their lordships read and considered five Acts passed in Tobago in the years 1769 and 1770, together with Mr. Jackson's report thereupon, and no material objection occurring to any of the said laws, it was ordered that they should lye by.

fo. 175.

Plantations General.

The Earl of Hillsborough, in consequence of an order of the King in Council, signified to the Board his Majesty's pleasure, that they should, in all future draughts of Commissions for Governors in the Plantations, insert a clause giving them, as Chancellors, the necessary powers to issue Commissions for the care and custody of idiots and lunatics, agreeable to the usuage and practice in this Kingdom.

Ordered, that it be referred to Mr. Jackson to prepare the draught of a proper clause, conformable to his Majesty's order.

fo. 176.

Friday, June 21st. Present:—Mr. Eliot, Mr. Roberts, Mr. Fitzherbert.

The Earl of Hillsborough, one of his Majesty's principal Secretaries of State, attends.

Trade, Africa.

Several of the Committee of the Company of Merchants trading to Africa attend pursuant to order, and present to the Board a paper containing their sentiments on a minute of the orders prepared to be sent by the Directors of the Dutch West India Company to the Director General and Council at El Mina, touching the obstruction given to Portuguese vessels trading with his Majesty's subjects.

fo. 177.

The Committee being withdrawn, it was ordered, that the draught of a letter to Lord Suffolk, inclosing a copy of the paper delivered by the Committee of the Company of Merchants trading to Africa, should be prepared.

New Jersey.

South Carolina.

North Carolina.

A representation to his Majesty, proposing the disallowance of two laws of New Jersey; as also a letter to the Governor of New Jersey on the subject of several laws of that colony, were signed: together with a representation for disallowing two laws of South Carolina, and a report to the Lords of the Committee upon the petition of the inhabitants of the Isle of Skye for a grant of lands in North Carolina.

fo. 178.

Thursday, June 27th. Present:—Mr. Eliot, Mr. Fitzherbert, Mr. Roberts, Mr. Whately.

The Earl of Hillsborough, one of His Majesty's principal Secretaries of State, attends.

Plantations General.

The draught of a report to the Lords of the Committee of Council on the application of Bostwick and others for a grant of mines on Lake Superior, having been transcribed pursuant to order, was signed.

Trade, Africa.

The draught of a letter to Lord Suffolk on the subject of the paper delivered by the Committee of the Company of Merchants trading to Africa, having been prepared pursuant to order, was read and considered.

fo. 179.

New Jersey.

Grenada, Tobago.

A representation to his Majesty, recommending John Lawrence, Esquire, to be appointed of the Council of New Jersey, in the room of John Smith, Esquire, deceased, was signed; as was also a representation, recommending Thomas Fairholme to be of the Council of Tobago, in the room of Gilbert Franklin, Esquire, who has resigned.

Georgia.

Their lordships read and considered seventeen Acts passed in the colony of Georgia in the year 1770, together with Mr. Jackson's report thereupon, and a representation to his Majesty was signed, for the disallowance of five of the said Acts, intituled,
An Ordinance appointing inspectors of hemp, flax and wheat flour for the ports of Savannah and Sunbury.
An Ordinance for appointing James Kitchen Collector and Comptroller of the country duties at the port of Sunbury.
fo. 180.
An Act to regulate and ascertain the rates of wharfage of shipping and merchandize, and also to ascertain the rates of storeage in the several ports of this province, and for the better regulation of wharfs and of shipping in the said ports, and for ascertaining the duty of an Harbour Master for the port of Savannah.
An Ordinance for appointing packers and inspectors for the ports of Savannah and Sunbury, and also cullers and inspectors for lumber in the said ports.
An Ordinance for appointing Andrew Elton Wells, Harbour Master for the port of Savannah.

fo. 181.

Georgia.

Several objections having occurred to the Act intituled, An Act for granting to his Majesty three thousand, three hundred and fifty five pounds, nine shillings and one farthing for the use and support of the Government of Georgia for the year 1770, it was ordered to lye by for further consideration, when Governor Wright, who is on his passage home, shall arrive.

East Florida.

Read a letter from John Robinson, Esquire, Secretary to the Lords of the Treasury, to the Secretary to this Board, dated May 6th, 1771, desiring him to move their lordships to insert in the estimate for East Florida for the next year the salary for the Receiver General of Quit Rents there, in like manner as the salary for the Receiver General of Quit Rents in Georgia is inserted.